You are here: / / Question of Fact Whether Driver’s Gesture to Turn Was Proximate Cause...

Question of Fact Whether Driver’s Gesture to Turn Was Proximate Cause of Collision

The Third Department determined there was a question of fact about whether defendant driver’s (Slawiendski’s) gesture indicating a second defendant driver (Shaut) could make a left turn in front of him was the proximate cause of plaintiff’s collision with the turning car:

…[T]he duty of a driver to act reasonably in signaling to another driver that he or she will yield the rightof-way or that the other driver may safely proceed is owed not just to the driver being signaled, but also to other motorists and passengers … . Here, there is evidence that Slawienski acted unreasonably based upon his testimony that he failed to check for traffic in his rear or side view mirrors before signaling to Shaut.  However, a signaling driver is liable only when the gesture is a proximate cause of a subsequent collision – an inquiry that “depends on whether the recipient of the gesture relied on it as an indication that the path was safe and clear” … . Proximate cause is generally a factual issue for a jury to resolve … . Here, Shaut testified that he relied on Slawienski’s signal in deciding to make the turn and would not have done so if not for the gesture; further, Slawienski testified that Shaut did not stop as he crossed into plaintiff’s lane, suggesting that Shaut relied on the gesture to indicate that the lane was clear. However, Shaut testified that he knew that he was separately obliged to check the safety of plaintiff’s lane; he stated that he slowed or stopped his vehicle before entering plaintiff’s lane to look for oncoming traffic, but did not see the motorcycle until after the collision. This evidence neither establishes as a matter of law that Shaut fully relied upon Slawienski’s gesture nor that his decision to proceed into plaintiff’s lane was entirely independent … . Thus, there are factual issues for the jury regarding the degree of Shaut’s reliance on Slawienski’s gesture, whether Shaut independently checked the safety of plaintiff’s lane, and if he did, whether the check was a superseding act severing the causal link between the gesture and the collision… . Nasadoski v Shaut, 516374, 3rd Dept 3-6-14

 

You might also like
Parole Board’s Role and Court’s Review Role Explained in Depth
THE MAJORITY REFUSED TO CONSIDER WHETHER COUNTY COURT PROPERLY DISCHARGED A JUROR WHO FAILED TO APPEAR BECAUSE THE ISSUE WAS NOT PRESERVED BY OBJECTION; TWO DISSENTERS WOULD HAVE CONSIDERED THE ISSUE IN THE INTEREST OF JUSTICE AND ORDERED A NEW TRIAL (THIRD DEPT).
Sunset Provision in a Deed Which Referred to “Restrictions” Did Not Affect “Easements” or “Reservations”
FAMILY COURT SHOULD HAVE INFORMED WIFE OF HER RIGHT TO ASSIGNED COUNSEL WHEN IT BECAME CLEAR SHE WAS HAVING TROUBLE RETAINING AN ATTORNEY, NEW TRIAL ORDERED (THIRD DEPT).
SUPERIOR COURT INFORMATION IS JURISDICTIONALLY DEFECTIVE FOR FAILURE TO INCLUDE THE TIME OF THE OFFENSE, ISSUE NEED NOT BE PRESERVED (THIRD DEPT).
FIBER OPTIC CABLES ARE NOT TAXABLE REAL PROPERTY UNDER REAL PROPERTY TAX LAW (RPTL) 102.
COMPLAINT BY PLAINTIFF, WHO HAD COMMITTED MURDER, SUFFICIENTLY ALLEGED THE FILM ABOUT HIM WAS INTENDED TO BE FICTIONAL AND THEREFORE WAS SUBJECT TO THE PRIVACY PROTECTIONS OF THE CIVIL RIGHTS LAW, COMPLAINT SHOULD NOT HAVE BEEN DISMISSED.
PEOPLE SHOULD NOT HAVE BEEN ALLOWED TO IMPEACH THEIR OWN WITNESS WITH A PRIOR INCONSISTENT STATEMENT THAT SUBSTANTIALLY WEAKENED BUT DID NOT CONTRADICT THE PEOPLE’S THEORY OF PROSECUTION; DESPITE DIRECT EVIDENCE OF DEFENDANT’S DOMINION AND CONTROL OVER APARTMENT WHERE HEREOIN WAS FOUND, THE EVIDENCE DEFENDANT POSSESSED THE HEREOIN WAS CIRCUMSTANTIAL, THE JURY SHOULD HAVE BEEN GIVEN THE CIRCUMSTANTIAL EVIDENCE INSTRUCTION.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Question of Fact About Whether Managing Member Breached Fiduciary Duty Owed... Use of Church Property Sufficient to Maintain Tax-Exempt Status